Illinois General Assembly - Full Text of HB4684
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Full Text of HB4684  102nd General Assembly

HB4684 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4684

 

Introduced 1/21/2022, by Rep. Jackie Haas

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/110-6.1  from Ch. 38, par. 110-6.1

    Amends the Code of Criminal Procedure of 1963. Provides that if the court enters an order for the detention of the defendant, the defendant shall be brought to trial on the offense for which defendant is detained within 120 (rather than 90) days after the date on which the order for detention was entered. Provides that if the defendant is not brought to trial within the 120 (rather than 90) day period, the defendant shall not be denied pretrial release. Provides that in computing the 120 (rather than 90) day period, the court shall omit any period of delay resulting from a continuance granted at the request of the defendant.


LRB102 24931 RLC 34184 b

 

 

A BILL FOR

 

HB4684LRB102 24931 RLC 34184 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 110-6.1 as follows:
 
6    (725 ILCS 5/110-6.1)  (from Ch. 38, par. 110-6.1)
7    (Text of Section before amendment by P.A. 101-652)
8    Sec. 110-6.1. Denial of bail in non-probationable felony
9offenses.
10    (a) Upon verified petition by the State, the court shall
11hold a hearing to determine whether bail should be denied to a
12defendant who is charged with a felony offense for which a
13sentence of imprisonment, without probation, periodic
14imprisonment or conditional discharge, is required by law upon
15conviction, when it is alleged that the defendant's admission
16to bail poses a real and present threat to the physical safety
17of any person or persons.
18        (1) A petition may be filed without prior notice to
19    the defendant at the first appearance before a judge, or
20    within the 21 calendar days, except as provided in Section
21    110-6, after arrest and release of the defendant upon
22    reasonable notice to defendant; provided that while such
23    petition is pending before the court, the defendant if

 

 

HB4684- 2 -LRB102 24931 RLC 34184 b

1    previously released shall not be detained.
2        (2) The hearing shall be held immediately upon the
3    defendant's appearance before the court, unless for good
4    cause shown the defendant or the State seeks a
5    continuance. A continuance on motion of the defendant may
6    not exceed 5 calendar days, and a continuance on the
7    motion of the State may not exceed 3 calendar days. The
8    defendant may be held in custody during such continuance.
9    (b) The court may deny bail to the defendant where, after
10the hearing, it is determined that:
11        (1) the proof is evident or the presumption great that
12    the defendant has committed an offense for which a
13    sentence of imprisonment, without probation, periodic
14    imprisonment or conditional discharge, must be imposed by
15    law as a consequence of conviction, and
16        (2) the defendant poses a real and present threat to
17    the physical safety of any person or persons, by conduct
18    which may include, but is not limited to, a forcible
19    felony, the obstruction of justice, intimidation, injury,
20    physical harm, an offense under the Illinois Controlled
21    Substances Act which is a Class X felony, or an offense
22    under the Methamphetamine Control and Community Protection
23    Act which is a Class X felony, and
24        (3) the court finds that no condition or combination
25    of conditions set forth in subsection (b) of Section
26    110-10 of this Article, can reasonably assure the physical

 

 

HB4684- 3 -LRB102 24931 RLC 34184 b

1    safety of any other person or persons.
2    (c) Conduct of the hearings.
3        (1) The hearing on the defendant's culpability and
4    dangerousness shall be conducted in accordance with the
5    following provisions:
6            (A) Information used by the court in its findings
7        or stated in or offered at such hearing may be by way
8        of proffer based upon reliable information offered by
9        the State or by defendant. Defendant has the right to
10        be represented by counsel, and if he is indigent, to
11        have counsel appointed for him. Defendant shall have
12        the opportunity to testify, to present witnesses in
13        his own behalf, and to cross-examine witnesses if any
14        are called by the State. The defendant has the right to
15        present witnesses in his favor. When the ends of
16        justice so require, the court may exercises its
17        discretion and compel the appearance of a complaining
18        witness. The court shall state on the record reasons
19        for granting a defense request to compel the presence
20        of a complaining witness. Cross-examination of a
21        complaining witness at the pretrial detention hearing
22        for the purpose of impeaching the witness' credibility
23        is insufficient reason to compel the presence of the
24        witness. In deciding whether to compel the appearance
25        of a complaining witness, the court shall be
26        considerate of the emotional and physical well-being

 

 

HB4684- 4 -LRB102 24931 RLC 34184 b

1        of the witness. The pre-trial detention hearing is not
2        to be used for purposes of discovery, and the post
3        arraignment rules of discovery do not apply. The State
4        shall tender to the defendant, prior to the hearing,
5        copies of defendant's criminal history, if any, if
6        available, and any written or recorded statements and
7        the substance of any oral statements made by any
8        person, if relied upon by the State in its petition.
9        The rules concerning the admissibility of evidence in
10        criminal trials do not apply to the presentation and
11        consideration of information at the hearing. At the
12        trial concerning the offense for which the hearing was
13        conducted neither the finding of the court nor any
14        transcript or other record of the hearing shall be
15        admissible in the State's case in chief, but shall be
16        admissible for impeachment, or as provided in Section
17        115-10.1 of this Code, or in a perjury proceeding.
18            (B) A motion by the defendant to suppress evidence
19        or to suppress a confession shall not be entertained.
20        Evidence that proof may have been obtained as the
21        result of an unlawful search and seizure or through
22        improper interrogation is not relevant to this state
23        of the prosecution.
24        (2) The facts relied upon by the court to support a
25    finding that the defendant poses a real and present threat
26    to the physical safety of any person or persons shall be

 

 

HB4684- 5 -LRB102 24931 RLC 34184 b

1    supported by clear and convincing evidence presented by
2    the State.
3    (d) Factors to be considered in making a determination of
4dangerousness. The court may, in determining whether the
5defendant poses a real and present threat to the physical
6safety of any person or persons, consider but shall not be
7limited to evidence or testimony concerning:
8        (1) The nature and circumstances of any offense
9    charged, including whether the offense is a crime of
10    violence, involving a weapon.
11        (2) The history and characteristics of the defendant
12    including:
13            (A) Any evidence of the defendant's prior criminal
14        history indicative of violent, abusive or assaultive
15        behavior, or lack of such behavior. Such evidence may
16        include testimony or documents received in juvenile
17        proceedings, criminal, quasi-criminal, civil
18        commitment, domestic relations or other proceedings.
19            (B) Any evidence of the defendant's psychological,
20        psychiatric or other similar social history which
21        tends to indicate a violent, abusive, or assaultive
22        nature, or lack of any such history.
23        (3) The identity of any person or persons to whose
24    safety the defendant is believed to pose a threat, and the
25    nature of the threat;
26        (4) Any statements made by, or attributed to the

 

 

HB4684- 6 -LRB102 24931 RLC 34184 b

1    defendant, together with the circumstances surrounding
2    them;
3        (5) The age and physical condition of any person
4    assaulted by the defendant;
5        (6) Whether the defendant is known to possess or have
6    access to any weapon or weapons;
7        (7) Whether, at the time of the current offense or any
8    other offense or arrest, the defendant was on probation,
9    parole, aftercare release, mandatory supervised release or
10    other release from custody pending trial, sentencing,
11    appeal or completion of sentence for an offense under
12    federal or state law;
13        (8) Any other factors, including those listed in
14    Section 110-5 of this Article deemed by the court to have a
15    reasonable bearing upon the defendant's propensity or
16    reputation for violent, abusive or assaultive behavior, or
17    lack of such behavior.
18    (e) Detention order. The court shall, in any order for
19detention:
20        (1) briefly summarize the evidence of the defendant's
21    culpability and its reasons for concluding that the
22    defendant should be held without bail;
23        (2) direct that the defendant be committed to the
24    custody of the sheriff for confinement in the county jail
25    pending trial;
26        (3) direct that the defendant be given a reasonable

 

 

HB4684- 7 -LRB102 24931 RLC 34184 b

1    opportunity for private consultation with counsel, and for
2    communication with others of his choice by visitation,
3    mail and telephone; and
4        (4) direct that the sheriff deliver the defendant as
5    required for appearances in connection with court
6    proceedings.
7    (f) If the court enters an order for the detention of the
8defendant pursuant to subsection (e) of this Section, the
9defendant shall be brought to trial on the offense for which he
10is detained within 90 days after the date on which the order
11for detention was entered. If the defendant is not brought to
12trial within the 90 day period required by the preceding
13sentence, he shall not be held longer without bail. In
14computing the 90 day period, the court shall omit any period of
15delay resulting from a continuance granted at the request of
16the defendant.
17    (g) Rights of the defendant. Any person shall be entitled
18to appeal any order entered under this Section denying bail to
19the defendant.
20    (h) The State may appeal any order entered under this
21Section denying any motion for denial of bail.
22    (i) Nothing in this Section shall be construed as
23modifying or limiting in any way the defendant's presumption
24of innocence in further criminal proceedings.
25(Source: P.A. 98-558, eff. 1-1-14.)
 

 

 

HB4684- 8 -LRB102 24931 RLC 34184 b

1    (Text of Section after amendment by P.A. 101-652)
2    Sec. 110-6.1. Denial of pretrial release.
3    (a) Upon verified petition by the State, the court shall
4hold a hearing and may deny a defendant pretrial release only
5if:
6        (1) the defendant is charged with a forcible felony
7    offense for which a sentence of imprisonment, without
8    probation, periodic imprisonment or conditional discharge,
9    is required by law upon conviction, and it is alleged that
10    the defendant's pretrial release poses a specific, real
11    and present threat to any person or the community.;
12        (2) the defendant is charged with stalking or
13    aggravated stalking and it is alleged that the defendant's
14    pre-trial release poses a real and present threat to the
15    physical safety of a victim of the alleged offense, and
16    denial of release is necessary to prevent fulfillment of
17    the threat upon which the charge is based;
18        (3) the victim of abuse was a family or household
19    member as defined by paragraph (6) of Section 103 of the
20    Illinois Domestic Violence Act of 1986, and the person
21    charged, at the time of the alleged offense, was subject
22    to the terms of an order of protection issued under
23    Section 112A-14 of this Code, or Section 214 of the
24    Illinois Domestic Violence Act of 1986 or previously was
25    convicted of a violation of an order of protection under
26    Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the

 

 

HB4684- 9 -LRB102 24931 RLC 34184 b

1    Criminal Code of 2012 or a violent crime if the victim was
2    a family or household member as defined by paragraph (6)
3    of the Illinois Domestic Violence Act of 1986 at the time
4    of the offense or a violation of a substantially similar
5    municipal ordinance or law of this or any other state or
6    the United States if the victim was a family or household
7    member as defined by paragraph (6) of Section 103 of the
8    Illinois Domestic Violence Act of 1986 at the time of the
9    offense, and it is alleged that the defendant's pre-trial
10    release poses a real and present threat to the physical
11    safety of any person or persons;
12        (4) the defendant is charged with domestic battery or
13    aggravated domestic battery under Section 12-3.2 or 12-3.3
14    of the Criminal Code of 2012 and it is alleged that the
15    defendant's pretrial release poses a real and present
16    threat to the physical safety of any person or persons;
17        (5) the defendant is charged with any offense under
18    Article 11 of the Criminal Code of 2012, except for
19    Sections 11-30, 11-35, 11-40, and 11-45 of the Criminal
20    Code of 2012, or similar provisions of the Criminal Code
21    of 1961 and it is alleged that the defendant's pretrial
22    release poses a real and present threat to the physical
23    safety of any person or persons;
24        (6) the defendant is charged with any of these
25    violations under the Criminal Code of 2012 and it is
26    alleged that the defendant's pretrial releases poses a

 

 

HB4684- 10 -LRB102 24931 RLC 34184 b

1    real and present threat to the physical safety of any
2    specifically identifiable person or persons.
3            (A) Section 24-1.2 (aggravated discharge of a
4        firearm);
5            (B) Section 24-2.5 (aggravated discharge of a
6        machine gun or a firearm equipped with a device
7        designed or use for silencing the report of a
8        firearm);
9            (C) Section 24-1.5 (reckless discharge of a
10        firearm);
11            (D) Section 24-1.7 (armed habitual criminal);
12            (E) Section 24-2.2 2 (manufacture, sale or
13        transfer of bullets or shells represented to be armor
14        piercing bullets, dragon's breath shotgun shells, bolo
15        shells or flechette shells);
16            (F) Section 24-3 (unlawful sale or delivery of
17        firearms);
18            (G) Section 24-3.3 (unlawful sale or delivery of
19        firearms on the premises of any school);
20            (H) Section 24-34 (unlawful sale of firearms by
21        liquor license);
22            (I) Section 24-3.5 {unlawful purchase of a
23        firearm);
24            (J) Section 24-3A (gunrunning); or
25            (K) Section on 24-3B (firearms trafficking );
26            (L) Section 10-9 (b) (involuntary servitude);

 

 

HB4684- 11 -LRB102 24931 RLC 34184 b

1            (M) Section 10-9 (c) (involuntary sexual servitude
2        of a minor);
3            (N) Section 10-9(d) (trafficking in persons);
4            (O) Non-probationable violations: (i) (unlawful
5        use or possession of weapons by felons or persons in
6        the Custody of the Department of Corrections
7        facilities (Section 24-1.1), (ii) aggravated unlawful
8        use of a weapon (Section 24-1.6, or (iii) aggravated
9        possession of a stolen firearm (Section 24-3.9);
10        (7) the person has a high likelihood of willful flight
11    to avoid prosecution and is charged with:
12            (A) Any felony described in Sections (a)(1)
13        through (a)(5) of this Section; or
14            (B) A felony offense other than a Class 4 offense.
15    (b) If the charged offense is a felony, the Court shall
16hold a hearing pursuant to 109-3 of this Code to determine
17whether there is probable cause the defendant has committed an
18offense, unless a grand jury has returned a true bill of
19indictment against the defendant. If there is a finding of no
20probable cause, the defendant shall be released. No such
21finding is necessary if the defendant is charged with a
22misdemeanor.
23    (c) Timing of petition.
24        (1) A petition may be filed without prior notice to
25    the defendant at the first appearance before a judge, or
26    within the 21 calendar days, except as provided in Section

 

 

HB4684- 12 -LRB102 24931 RLC 34184 b

1    110-6, after arrest and release of the defendant upon
2    reasonable notice to defendant; provided that while such
3    petition is pending before the court, the defendant if
4    previously released shall not be detained.
5        (2) (2) Upon filing, the court shall immediately hold
6    a hearing on the petition unless a continuance is
7    requested. If a continuance is requested, the hearing
8    shall be held within 48 hours of the defendant's first
9    appearance if the defendant is charged with a Class X,
10    Class 1, Class 2, or Class 3 felony, and within 24 hours if
11    the defendant is charged with a Class 4 or misdemeanor
12    offense. The Court may deny and or grant the request for
13    continuance. If the court decides to grant the
14    continuance, the Court retains the discretion to detain or
15    release the defendant in the time between the filing of
16    the petition and the hearing.
17    (d) Contents of petition.
18        (1) The petition shall be verified by the State and
19    shall state the grounds upon which it contends the
20    defendant should be denied pretrial release, including the
21    identity of the specific person or persons the State
22    believes the defendant poses a danger to.
23        (2) Only one petition may be filed under this Section.
24    (e) Eligibility: All defendants shall be presumed eligible
25for pretrial release, and the State shall bear the burden of
26proving by clear and convincing evidence that:

 

 

HB4684- 13 -LRB102 24931 RLC 34184 b

1        (1) the proof is evident or the presumption great that
2    the defendant has committed an offense listed in
3    paragraphs (1) through (6) of subsection (a), and
4        (2) the defendant poses a real and present threat to
5    the safety of a specific, identifiable person or persons,
6    by conduct which may include, but is not limited to, a
7    forcible felony, the obstruction of justice, intimidation,
8    injury, or abuse as defined by paragraph (1) of Section
9    103 of the Illinois Domestic Violence Act of 1986, and
10        (3) no condition or combination of conditions set
11    forth in subsection (b) of Section 110-10 of this Article
12    can mitigate the real and present threat to the safety of
13    any person or persons or the defendant's willful flight.
14    (f) Conduct of the hearings.
15        (1) Prior to the hearing the State shall tender to the
16    defendant copies of defendant's criminal history
17    available, any written or recorded statements, and the
18    substance of any oral statements made by any person, if
19    relied upon by the State in its petition, and any police
20    reports in the State's Attorney's possession at the time
21    of the hearing that are required to be disclosed to the
22    defense under Illinois Supreme Court rules.
23        (2) The State or defendant may present evidence at the
24    hearing by way of proffer based upon reliable information.
25        (3) The defendant has the right to be represented by
26    counsel, and if he or she is indigent, to have counsel

 

 

HB4684- 14 -LRB102 24931 RLC 34184 b

1    appointed for him or her. The defendant shall have the
2    opportunity to testify, to present witnesses on his or her
3    own behalf, and to cross-examine any witnesses that are
4    called by the State.
5        (4) If the defense seeks to call the complaining
6    witness as a witness in its favor, it shall petition the
7    court for permission. When the ends of justice so require,
8    the court may exercise its discretion and compel the
9    appearance of a complaining witness. The court shall state
10    on the record reasons for granting a defense request to
11    compel the presence of a complaining witness. In making a
12    determination under this section, the court shall state on
13    the record the reason for granting a defense request to
14    compel the presence of a complaining witness, and only
15    grant the request if the court finds by clear and
16    convincing evidence that the defendant will be materially
17    prejudiced if the complaining witness does not appear.
18    Cross-examination of a complaining witness at the pretrial
19    detention hearing for the purpose of impeaching the
20    witness' credibility is insufficient reason to compel the
21    presence of the witness. In deciding whether to compel the
22    appearance of a complaining witness, the court shall be
23    considerate of the emotional and physical well-being of
24    the witness. The pre-trial detention hearing is not to be
25    used for purposes of discovery, and the post arraignment
26    rules of discovery do not apply.

 

 

HB4684- 15 -LRB102 24931 RLC 34184 b

1        (5) The rules concerning the admissibility of evidence
2    in criminal trials do not apply to the presentation and
3    consideration of information at the hearing. At the trial
4    concerning the offense for which the hearing was conducted
5    neither the finding of the court nor any transcript or
6    other record of the hearing shall be admissible in the
7    State's case in chief, but shall be admissible for
8    impeachment, or as provided in Section 115-10.1 of this
9    Code, or in a perjury proceeding.
10        (6) The defendant may not move to suppress evidence or
11    a confession, however, evidence that proof of the charged
12    crime may have been the result of an unlawful search or
13    seizure, or both, or through improper interrogation, is
14    relevant in assessing the weight of the evidence against
15    the defendant.
16        (7) Decisions regarding release, conditions of release
17    and detention prior trial should be individualized, and no
18    single factor or standard should be used exclusively to
19    make a condition or detention decision.
20    (g) Factors to be considered in making a determination of
21dangerousness. The court may, in determining whether the
22defendant poses a specific, imminent threat of serious
23physical harm to an identifiable person or persons, consider
24but shall not be limited to evidence or testimony concerning:
25        (1) The nature and circumstances of any offense
26    charged, including whether the offense is a crime of

 

 

HB4684- 16 -LRB102 24931 RLC 34184 b

1    violence, involving a weapon, or a sex offense.
2        (2) The history and characteristics of the defendant
3    including:
4            (A) Any evidence of the defendant's prior criminal
5        history indicative of violent, abusive or assaultive
6        behavior, or lack of such behavior. Such evidence may
7        include testimony or documents received in juvenile
8        proceedings, criminal, quasi-criminal, civil
9        commitment, domestic relations or other proceedings.
10            (B) Any evidence of the defendant's psychological,
11        psychiatric or other similar social history which
12        tends to indicate a violent, abusive, or assaultive
13        nature, or lack of any such history.
14        (3) The identity of any person or persons to whose
15    safety the defendant is believed to pose a threat, and the
16    nature of the threat;
17        (4) Any statements made by, or attributed to the
18    defendant, together with the circumstances surrounding
19    them;
20        (5) The age and physical condition of the defendant;
21        (6) The age and physical condition of any victim or
22    complaining witness;
23        (7) Whether the defendant is known to possess or have
24    access to any weapon or weapons;
25        (8) Whether, at the time of the current offense or any
26    other offense or arrest, the defendant was on probation,

 

 

HB4684- 17 -LRB102 24931 RLC 34184 b

1    parole, aftercare release, mandatory supervised release or
2    other release from custody pending trial, sentencing,
3    appeal or completion of sentence for an offense under
4    federal or state law;
5        (9) Any other factors, including those listed in
6    Section 110-5 of this Article deemed by the court to have a
7    reasonable bearing upon the defendant's propensity or
8    reputation for violent, abusive or assaultive behavior, or
9    lack of such behavior.
10    (h) Detention order. The court shall, in any order for
11detention:
12        (1) briefly summarize the evidence of the defendant's
13    guilt or innocence, and the court's reasons for concluding
14    that the defendant should be denied pretrial release;
15        (2) direct that the defendant be committed to the
16    custody of the sheriff for confinement in the county jail
17    pending trial;
18        (3) direct that the defendant be given a reasonable
19    opportunity for private consultation with counsel, and for
20    communication with others of his or her choice by
21    visitation, mail and telephone; and
22        (4) direct that the sheriff deliver the defendant as
23    required for appearances in connection with court
24    proceedings.
25    (i) Detention. If the court enters an order for the
26detention of the defendant pursuant to subsection (e) of this

 

 

HB4684- 18 -LRB102 24931 RLC 34184 b

1Section, the defendant shall be brought to trial on the
2offense for which the defendant he is detained within 120 90
3days after the date on which the order for detention was
4entered. If the defendant is not brought to trial within the
5120 90 day period required by the preceding sentence, the
6defendant he shall not be denied pretrial release. In
7computing the 120 90 day period, the court shall omit any
8period of delay resulting from a continuance granted at the
9request of the defendant.
10    (j) Rights of the defendant. Any person shall be entitled
11to appeal any order entered under this Section denying
12pretrial release to the defendant.
13    (k) Appeal. The State may appeal any order entered under
14this Section denying any motion for denial of pretrial
15release.
16    (l) Presumption of innocence. Nothing in this Section
17shall be construed as modifying or limiting in any way the
18defendant's presumption of innocence in further criminal
19proceedings.
20    (m) Victim notice.
21        (1) Crime victims shall be given notice by the State's
22    Attorney's office of this hearing as required in paragraph
23    (1) of subsection (b) of Section 4.5 of the Rights of Crime
24    Victims and Witnesses Act and shall be informed of their
25    opportunity at this hearing to obtain an order of
26    protection under Article 112A of this Code.

 

 

HB4684- 19 -LRB102 24931 RLC 34184 b

1(Source: P.A. 101-652, eff. 1-1-23.)
 
2    Section 95. No acceleration or delay. Where this Act makes
3changes in a statute that is represented in this Act by text
4that is not yet or no longer in effect (for example, a Section
5represented by multiple versions), the use of that text does
6not accelerate or delay the taking effect of (i) the changes
7made by this Act or (ii) provisions derived from any other
8Public Act.